State v. Levin, 64291
Decision Date | 21 June 1984 |
Docket Number | No. 64291,64291 |
Citation | 452 So.2d 562 |
Parties | STATE of Florida, Petitioner, v. Charles Albert LEVIN, Respondent. |
Court | Florida Supreme Court |
Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner.
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for respondent.
We accepted jurisdiction in this case, Levin v. State, 449 So.2d 288 (Fla. 3d DCA 1983), because the district court acknowledged direct and express conflict with the decision of another district court of appeal, Boal v. State, 368 So.2d 71 (Fla. 2d DCA 1979). Art. V, § 3(b)(3), Fla. Const.
For the reasons set forth in the opinion of the Third District Court of Appeal, which we herein adopt as our own, we approve the decision in Levin and accordingly disapprove Boal.
It is so ordered.
To continue reading
Request your trial-
Hernandez v. State
...hours cannot constitute a valid basis to temporarily detain and frisk an individual under the stop and frisk law."), approved, 452 So.2d 562 (Fla.1984). In all of the cases cited by the majority, there were additional compelling or suspicious circumstances which provided the police with rea......
-
State v. Taylor, 3D01-398.
...cannot constitute a valid basis to temporarily detain" a defendant. Levin v. State, 449 So.2d 288, 289 (Fla. 3d DCA 1983), approved, 452 So.2d 562 (Fla.1984); A.H. v. State, 693 So.2d 89 (Fla. 3d DCA 1997)(reversing denial of suppression motion where police observe respondent legally walkin......
-
Dunn v. City of Boynton Beach
...F.3d at 759 (quoting Coleman, 707 So.2d at 768 ); Levin v. State, 449 So.2d 288, 289 (Fla.Dist.Ct.App.1983), approved and adopted, 452 So.2d 562 (Fla.1984).13 As noted supra, even assuming that Dunn's conduct could reasonably be inferred to be "casing," such conduct would not even amount to......
-
State v. Kehoe
...was observed walking along street at 3:00 a.m. in "high class" residential area that had experienced prior burglaries), aff'd, 452 So.2d 562 (Fla.1984); Freeman v. State, 433 So.2d 9 (Fla.2d DCA 1983) (police saw defendant walk through parking lot where there had been recent auto break-ins ......
-
A loitering and prowling primer.
...unlit area for a brief period). [19] D.A., 471 So. 2d at 153. [20] See also Levin v. State, 449 So. 2d 288 (Fla. 3d D.C.A. 1983), aff'd, 452 So. 2d 562 (Fla. 1984) (the defendant was walking with a companion along a street at 3:00 a.m. in a residential area where burglaries had occurred, ca......